South Africa follows the law of the Commonwealth, which defines the rules of serving a summons. A summons is a legal document that notifies an individual of a lawsuit against them. It's a formal notification of a legal case or a court action that demands an individual's presence in court. In this article, we'll provide an overview of how summons is served in South Africa.
Types of Summons in South Africa
Before discussing the serving process, it's important to understand the types of summons in South Africa. Below we've described the three types of summons that exist:
1. Ordinary Summons
An ordinary summons is the most common type of summons in South Africa. It is served when a person is seeking debt recovery or any other disputes of a civil nature.
2. Summary Summons
A summary summons is used when a person is seeking a lesser value of damages or where the case is not complicated.
3. Provisional Summons
A provisional summons is served when a party intends to institute legal action and needs to secure the claim's availability but is not ready to sue at that time.
Serving Process
The serving of summons in South Africa is done formally according to the South African legal system. In most instances, it must be served personally on the defendant.
Here are the steps involved in serving a summons in South Africa:
1. Issuing of Summons
The plaintiff needs to complete a form called the "Combined Summons form," which states what they are suing for, the amount claimed, the reason, and supporting evidence. Once it's complete, the summons has to be issued by the Clerk of the Court.
2. Serving of Summons
The summons must be served to the defendant by the Sheriff of the Court, who is responsible for serving the summons personally. The Sheriff will hand a copy of the summons to the defendant, which will acknowledge his or her acceptance of the summons.
3. Service Out of Jurisdiction
Where the defendant is out of South Africa's jurisdiction, the plaintiff must obtain permission to serve a summons out of South Africa's jurisdiction.
4. Alternative Method of Service
If the Sheriff can't deliver the summons to the defendant personally, they are allowed to leave a copy of the summons with an individual who stays or works at the defendant's usual address. They can also leave it at the defendant's attorney's premises or send it via registered mail.
Conclusion
The law of the Commonwealth governs summons serving in South Africa. Once the summons has been issued, the plaintiff must ensure that it is served on the defendant personally. With this overview of the summons serving process in South Africa, individuals will have an understanding of what it entails.
